Estate of Welch

California Superior Court, San Francisco County

Estate of Welch

1 Myrick 202

Superior Court of California, County of San Francisco·Decided October 15, 1878·No. No. 8686·Published

Opinion

The two applications were heard together. Longhman offered himself as a witness to prove that deceased was indebted to him. Mr. Cooney objected, that a creditor is not competent.

By the Court:

The witness is not within Sec. 1880, C. P. This is not a proceeding against an executor or administrator, but is a controversy between two persons claiming administration. When Longhman presents his claim for allowance, a different point will be presented.

Objection overruled.

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The two applications were heard together. Longhman offered himself as a witness to prove that deceased was indebted to him. Mr. Cooney objected, that a creditor is not competent.

By the Court:

The witness is not within Sec. 1880, C. P. This is not a proceeding against an executor or administrator, but is a controversy between two persons claiming administration. When Longhman presents his claim for allowance, a different point will be presented.

Objection overruled.

Estate of Welch, 1 Myrick 202 (Cal. Super. Ct. 1878).

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